Autoridade Nacional de Comunicações
Notice
(This is not an official translation of the law)
Draft regulation on the registration of undertakings providing electronic communications networks and services
Statement of reasons
1 - Law no. 5/2004, of 10 February (Lei das Comunicações Eletrónicas - Electronic Communications Law), in its current version and in transposition of the regulatory framework of the European Union, establishes the legal regime applicable to electronic communications networks and services and to associated services, and defines the assignments of Autoridade Nacional de Comunicações (ANACOM) in this field.
2 - Under the terms of paragraphs 1 and 2 of article 19 of Lei das Comunicações Eletrónicas (Electronic Communications Law), freedom to provide electronic communications networks and services is ensured, subject only to the general authorisation scheme; provision is not therefore dependent on any prior decision or act of ANACOM, without prejudice to limitations which stem from the allocation of rights of use of frequencies and numbering under the terms of the same law.
Nevertheless, the law imposes a set of notification obligations on undertakings as regards their identification, their contact details and the commencement, modification and discontinuation of their activity, while ANACOM is responsible for maintaining the respective register, as under articles 21 and 21-A, under point t) of paragraph 1 of article 27 and under point e) of paragraph 1 of article 120, all of Lei das Comunicações Eletrónicas (Electronic Communications Law).
Thirteen years after the Electronic Communications Law entered into force, and taking into account not only the experience gained from regulation and supervision, but also, in particular, the evolution seen in the market and in offers of networks and services, ANACOM has decided to regulate the obligations of notification as regards identification, contact details and the commencement, modification and discontinuation of the activity of undertakings providing electronic communications networks and services, as well as procedures for maintaining this registration, insofar as, under the terms of the law, such registration is deemed indispensable and necessary:
a) On the one hand, to update, simplify and modernise the procedures concerned; and
b) On the other hand, to enhance the transparency of information provided on market agents.
4 - In this context, and by decision of 2 February 2017, ANACOM approved the commencement of a procedure to draw up a regulation on the registration of undertakings offering electronic communications networks and services, as well as the publication of the respective announcement in accordance with paragraph 1 of article 98 of the Código do Procedimento Administrativo (Administrative Proceeding Code); however, no contributions were received.
5 - In essence, the present draft regulates the notification obligations imposed on undertakings which offer or intend to offer electronic communications networks and services, as regards their identification, contact details, and commencement, modification and discontinuation of their activity; the draft also sets out the rules governing the maintenance of their registration by ANACOM, as under articles 21 and 21-A of Lei das Comunicações Eletrónicas (Electronic Communications Law), all with a view to pursuing the principle of good administration set out in article 5 of Código do Procedimento Administrativo (Administrative Proceeding Code - approved by Decree-Law no. 4/2015 of 7 January).
On a transitional basis, this draft also determines adaptation of the register and the substitution of declarations already issued, whereas approval of the regulation must be properly articulated with the creation of new forms, in the exercise of ANACOM's powers as under point j) of paragraph 2 of article 9 of its Statutes (approved by Decree-Law no. 39/2015 of 16 March) to replace the forms approved by ANACOM's decision of 3 May 2004.
6 - In the preparation of this draft, the benefits arising from its future application have been weighed, including not only the achievement of enhanced transparency as regards information on agents in the market, but also ease of access to the activity, under the principle of freedom to supply, and simplification and modernization of procedures in the relationship between ANACOM and companies, in particular by establishing the rule for use of electronic media - this will result in a reduction in the costs incurred by ANACOM and by the undertakings subject to notification obligations.
7 - Accordingly, under the provisions of point c) of paragraph and point a) of paragraph 2, both of article 9, of article 10 and point b) of paragraph 1 of article 26, all of ANACOM's Statutes, and under the terms set out under articles 21 and 21-A, under point t) of paragraph 1 and under paragraphs 2 and 3 of article 27, point e) of paragraph 1 of article 120 and paragraph 1 of article 125, all of Lei das Comunicações Eletrónicas (Electronic Communications Law), by decision of 7 September 2017, ANACOM's Board of Directors has approved the present draft regulation on the registration of undertakings offering electronic communications networks and services; in accordance with article 10 of ANACOM's Statutes and articles 99 et seq. of Código do Procedimento Administrativo (Administrative Proceeding Code) and for the purposes of article 8 of Lei das Comunicações Eletrónicas (Electronic Communications Law), this draft regulation is submitted to the appropriate public consultation procedure, to be conducted over a period of 30 working days, through publication on ANACOM's website and in the 2nd series of Diário da República (Official Journal).
8 - In this context, stakeholders are requested to send their contributions, in writing and in Portuguese, by email to regulamento.registoce@anacom.ptmailto:regulamento.registoce@anacom.pt.
9 - Once the public consultation has been concluded, ANACOM will examine the contributions and suggestions advanced, and upon approval of the regulation, will produce a report making reference to all replies received and providing an overall assessment that reflects ANACOM's position thereon and the reasoning for the options taken.
Draft regulation on the registration of undertakings providing electronic communications networks and services
Title I
General provisions
Article 1
Object
This Regulation sets out the obligations of notification imposed on undertakings which offer or which intend to offer electronic communications networks and services, as regards their identification, their contacts details, and the commencement, modification and discontinuation of their activity; it also sets out the rules applicable to the maintenance of the respective register by Autoridade Nacional de Comunicações (ANACOM), as under Articles 21 and 21-A of Lei das Comunicações Eletrónicas (Electronic Communications Law).
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
a) "Reserved area" means the area with access and use reserved to the undertakings, as will be made available by ANACOM on its website, in accordance with the provisions of article 27;
b) "Activity" means the provision of electronic communications networks and services;
c) "Declaration" means the declaration issued by ANACOM in compliance with the provisions of paragraph 5 of article 21 of Lei das Comunicações Eletrónicas (Electronic Communications Law);
d) “Undertaking” means an entity which offers or intends to offer electronic communications networks and services;
e) "Lei das Comunicações Eletrónicas (Electronic Communications Law)", Law no. 5/2004 of 10 February, as amended by Decree-Law no. 176/2007 of 8 May, by Law no. 35/2008 of 28 July, by Decree-Law no. 123/2009 of 21 May, by Decree-Law no. 258/2009 of 25 September, by Law no. 46/2011 of 24 June, by Law no. 51/2011 of 13 September, by Law no. 10/2013 of 28 January, by Law no. 42/2013 of 3 July, by Decree-Law no. 35/2014 of 7 March, by Law no. 82-B/2014 of 31 December, by Law no. 127/2015 of 3 September, by Law no. 15/2016 of 17 June and by Decree-Law no. 92/2017 of 31 July;
f) "Offer" means the offer of a type of electronic communications service or network;
g) "Register" means the register of undertakings as offer or as intend to offer electronic communications networks and services, maintained by ANACOM pursuant to the provisions of paragraph 1 of article 21-A of Lei das Comunicações Eletrónicas (Electronic Communications Law);
h) "Website" the website of ANACOM.
Article 3
Electronic media
All communications and notifications provided for in this Regulation, as well as the sending of documents, shall be carried out by electronic means, in accordance with the law and without prejudice to access to the services.
Title II
Notification obligations
Chapter I
Notice of commencement of activity
Article 4
Communication
1 - For the purposes of paragraph 1 of article 21 of Lei das Comunicações Eletrónicas (Electronic Communications Law), undertakings are required to previously communicate the following information to ANACOM:
a) Data which enables full identification of the undertaking;
b) A brief description of the network or service to be offered;
c) The date scheduled for commencement of the activity.
2 - For the purposes of point a) of the previous paragraph, the communication shall include the following information:
a) Data which identifies the company;
b) Information to identify the undertaking’s permanent representation in Portugal, where applicable;
c) Contacts for communications and notifications.
3 - As evidence of the validity of the information set out in points a) and b) of the previous paragraph and as necessary, the communication must include valid identification document, under terms to be determined by ANACOM in accordance with the provisions of the law.
4 - For the purposes of point c) of paragraph 2, undertakings may not indicate contacts which entail payment of a premium tariff.
5 - For the purposes of points b) and c) of paragraph 1, the communication shall incorporate the following:
a) For each offer of service:
i) Classification of the offer, including the type of service, the type of market, the support network and the possible use of spectrum or numbering resources;
ii) Where use is to be made of spectrum or numbering resources, indication of the type of resources concerned;
iii) The scheduled date for commencement of the offer;
iv) A general description of the offer;
b) For each network offer:
i) Classification of the offer, including the type of network, the type of activity, ownership of the network and the possible use of spectrum or numbering resources;
ii) Where use is to be made of spectrum or numbering resources, indication of the type of resources concerned;
iii) The scheduled date for commencement of the offer;
iv) A general description of the offer.
6. In the case of offers which are not publicly available and for the purposes of points b) and c) of paragraph 1, it will suffice that the communication includes the information specified in subpoints i) to iii) of point a) or subpoints i) to iii) of point b) of the preceding paragraph.
Article 5
Procedure
1 - Notice of commencement of activity is to be presented in writing, in accordance with the form approved by ANACOM under the provisions of article 25, by means of:
a) Email, sent to the general email address of ANACOM;
b) Completing and submitting the form available on the website.
2 - Once notice has been received and registered, ANACOM will:
a) Confirm, in writing, the receipt of the notice, informing the undertaking as to:
i) The nature of the communication and the general authorisation scheme;
ii) The date on which the notice was received;
iii) The processes number;
iv) Identification and contact details of the service where the process is being handled;
b) Verify that the communication has been properly submitted and, where not properly submitted, request, in writing, rectification of any deficiencies which cannot be self-administered and the provision of information which it deems necessary for its assessment.
3 - If ANACOM concludes that the offer described in the notice does not correspond to an offer of electronic communications networks and services, ANACOM will not register the company, without prejudice to a prior hearing and notification of ANACOM’s final assessment, pursuant to the law.
Chapter II
Other Notifications
Article 6
Notices of modification and discontinuation
1. For the purposes of paragraph 6 of article 21 of Lei das Comunicações Eletrónicas (Electronic Communications Law) and in accordance with article 13, undertakings are required to give notice, in particular, as to:
a) A new date scheduled for the commencement of activity, as under article 7;
b) The commencement of a new offer, as under article 8;
c) Modification of information previously provided about an offer, as under article 9;
d) Alteration of any identification data or of the contact details previously provided, as under article 10.
2. For the purposes of paragraph 7 of article 21 of Lei das Comunicações Eletrónicas (Electronic Communications Law) and in accordance with article 13, undertakings are required to give notice, in particular, as to:
a) The discontinuation of an offer, as under article 11;
b) The discontinuation of their activity, as under article 12.
Article 7
Notice of new date for the scheduled commencement of activity
Undertakings as have given a date for the scheduled commencement of activity which has been exceeded and as not yet in activity upon expiry of the time limit for response to the first regular submission of statistical information shall, at the request of ANACOM and within the time limit set for the purpose, as the case may be:
a) Indicate a new date for the scheduled commencement of activity;
b) Give notice of cancellation of the commencement of activity.
Article 8
Notice of the commencement of a new offer
1 - Undertakings are required to give advance notice to ANACOM as to the commencement of a new offer of electronic communications networks or services.
2 - The communication provided for in the previous paragraph is to include the following information:
a) Identification of the undertaking;
b) Summary description of the network or service whose offer the undertaking intends to commence, as under paragraph 5 or paragraph 6 (as applicable) of article 4.
Article 9
Notice of modification of an offer
1 - Undertakings are required to give advance notice to ANACOM in respect of each of their offers notified under the provisions of article 4 or article 8, and at the latest as part of their response to the annual electronic communications questionnaire, as determined each year by ANACOM, in particular as to:
a) Any modification resulting in a change in the classification of the offer given under subpoint i) of point a) or subpoint i) of point b) of paragraph 5 or under paragraph 6, both of Article 4;
b) Any other essential alteration to the general description of the offer presented under subpoint iv) of point a) or subpoint iv) of point b) of paragraph 5 of article 4.
2 - For the purposes of the previous paragraph, notice of the alteration of an offer regarding the use of numbering or frequencies is considered as made upon the presentation of a request:
a) For the allocation or any other alteration affecting a right of use, under the provisions of Lei das Comunicações Eletrónicas (Electronic Communications Law);
b) For the allocation or any other alteration affecting a radio licence, under the provisions of Decree-Law no. 151-A/2000 of 20 July (as amended by Decree-Law no. 167/2008 of 16 August, by Decree-Law no. 264/2009 of 28 September, by Law no. 20/2012 of 14 May and by Law no. 82-B/2014 of 31 December).
3 - Undertakings which, upon expiry of the time limit stipulated for responding to the first regular submission of statistical information, have not yet commenced an offer are required, at the request of ANACOM and within the time limit established for the purpose, as applicable:
a) To indicate a new date for the scheduled commencement of the offer;
b) To give notice of the cancellation of the commencement of the offer.
Article 10
Notice of change of identification or contact details
1 - Undertakings are required, within a maximum period of 30 days following the occurrence of any such alteration, to notify ANACOM as to any alteration affecting:
a) The name or business name;
b) The contact details previously provided for the purpose of communications and notifications.
2 - The notification provided for in the previous paragraph is to include the following:
a) Identification of the undertaking;
b) Indication of the alteration.
3 - Where necessary, the undertaking will attach the identification documentation as required under paragraph 3 of article 4 to the notification provided for in this Article.
4 - Undertakings are to notify ANACOM of any changes to the other identification data previously provided, at the latest as part of their response to the annual electronic communications questionnaire, under terms to be determined annually by ANACOM.
Article 11
Notice of the discontinuation of an offer
1 - Undertakings are required to give ANACOM advance notice of no less than 15 days as to the discontinuation of the offer of a particular network or of a particular electronic communications service.
2 - The notification required under the previous paragraph is to include the following:
a) Identification of the undertaking;
b) Indication of the offer to be discontinued;
c) The date of discontinuation.
3 - The notification obligation specified in this article is deemed to have been fulfilled where, in compliance with paragraph 4 of article 39 of Lei das Comunicações Eletrónicas (Electronic Communications Law), the undertaking reports to ANACOM the information referred to in point c) of paragraph 1 of said article 39 and provided that the information specified in the previous paragraph is included.
Article 12
Notice of the discontinuation of activity
1 - Undertakings are required to give ANACOM advance notice of no less than 15 days as to the discontinuation of their activity.
2 - The notification required under the previous paragraph is to include the following:
a) Identification of the undertaking;
b) Indication of the date of discontinuation.
Article 13
Common procedures
1 - The notifications stipulated in the present Chapter II are to be presented in writing, using the form approved by ANACOM pursuant to article 25, in particular using the means of communication specified in paragraph 1 of article 5.
2 - Notifications submitted by completing and submitting the available form in the reserved area shall be deemed as signed in the name of the company.
3 - Once the notification has been received and registered, ANACOM will:
a) Give written confirmation as to the receipt of the notification, informing the undertaking as to:
i) The date on which the notification was received;
ii) The process number;
iii) The identification and contact details of the service which will manage the process;
b) Verify that the communication has been properly submitted and, where not properly submitted, will request in writing rectification of any deficiencies which cannot be self-administered and the provision of information which ANACOM deems necessary for its assessment.
3 - In the event that ANACOM concludes that a new offer notified pursuant to article 8 does not correspond to an offer of electronic communications networks and services, ANACOM will not register the undertaking, subject to a prior hearing and notification of its final assessment, pursuant to the law.
5 - The confirmation specified in point a) of paragraph 3 may be waived when the change of registration may be carried out immediately and automatically, without prejudice to the provisions of article 21.
Title III
Register
Chapter I
General provisions
Article 14
Purpose of the register
The register is intended to support the exercise of ANACOM's assigned powers and responsibilities and the disclosure of information about undertakings and their activity.
Article 15
Content of the register
1 - The registration of each undertaking in the register includes the following information:
a) Registration number;
b) Full identification of the undertaking, including the information communicated under point a) of paragraph 1 and under paragraph 2 of article 4 and under article 10;
c) The activity exercised, including the information communicated under points b) and c) of paragraph 1 and under paragraphs 5 and 6 of article 4 and under articles 7, 8, 9, 11 and 12.
2 - The registration of each undertaking in the register will also include the following information:
a) Any orders to cease or postpone the provision of services or bundles of services, issued by ANACOM under the provisions of point b) of paragraph 3 of article 110 of Lei das Comunicações Eletrónicas (Electronic Communications Law);
b) Any decisions to suspend the activity of the company, as determined by ANACOM under the provisions of paragraph 5 of article 110 of Lei das Comunicações Eletrónicas (Electronic Communications Law);
c) Any decisions to apply additional sanctions entailing prohibition from exercising activity, determined by ANACOM under the provisions of point b) of paragraph 1 of article 114 of Lei das Comunicações Eletrónicas (Electronic Communications Law);
d) Any other decision with an impact on the exercise of the activity, determined by ANACOM in the context of sanctioning procedures.
3 - The registration of each undertaking in the register will also include any additional notes required in relation to the information associated with the registration.
4 - For the purposes of point a) of paragraph 1, ANACOM will assign each entry in the register a sequential number for each annual period, according to the format "number/year of registration".
Article 16
Instruments of registration
1 - For the maintenance of the register, each company is associated with a registration process, which includes:
a) The information associated with the registration;
b) Additional notes;
c) The procedures for maintaining the register;
d) The notifications relating to the maintenance of the register;
e) The documents relating to the maintenance of the register.
2. The register will be accessible to the public in accordance with the limits set out in law and in accordance with the principle of open administration.
Article 17
Disclosure
1 - For the purposes of point c) of paragraph 1 of article 9 of the Statutes of ANACOM (approved by Decree-Law no. 39/2015 of 16 March) and of point e) of paragraph 1 of article 120 of Lei das Comunicações Eletrónicas (Electronic Communications Law), and without prejudice to the provisions of the law governing protection of personal data and confidential information, ANACOM will disclose the register on its website.
2 - The provisions of the preceding paragraph do not prevent ANACOM from disclosing information included in the register entry by other means, as appropriate to the exercise of its responsibilities, without prejudice to the provisions of the law governing the protection of personal data and confidential information.
Chapter II
Acts of registration
Article 18
Entry in the register
1 - ANACOM is required, within a period not exceeding five days following receipt of a notification of commencement of activity, presented pursuant to Chapter I of Title II, or following receipt of a response to the request provided for in point b) of paragraph 2 of article 5:
a) To enter the undertaking in the register;
b) To issue a declaration, in accordance with the provisions of article 22.
2 - In the event that ANACOM learns of an offer of communications networks or services by an undertaking which has not reported it under the terms of Chapter I of Title II, ANACOM will notify the undertaking in accordance with paragraph 1 of article 110 of Lei das Comunicações Eletrónicas (Electronic Communications Law).
3 - Following expiry of the time limit stipulated under paragraph 2 of article 110 of Lei das Comunicações Eletrónicas (Electronic Communications Law) and where the company has not complied with the notification obligation as under Chapter I of Title II, ANACOM may undertake its registration in the register, notifying the company in accordance with the terms of article 21, without prejudice to the sanctioning procedure that may take place.
Article 19
Amendment of register entries
1 - Upon receipt of a communication pursuant to articles 7 to 11 or, as applicable, upon receipt of a response to the request provided for in point b) of paragraph 3 of article 13, ANACOM is required to perform the corresponding amendment of the undertaking’s registration.
2 - ANACOM is also responsible for undertaking amendments to the registrations of undertakings in the register resulting from decisions referred to in paragraph 2 of article 15.
3 - When ANACOM learns of a change in the information associated with the registration of an undertaking in the register which has not been notified under the terms of articles 7 to 11, ANACOM will notify the undertaking in accordance with the terms of paragraph 1 of article 110 of Lei das Comunicações Eletrónicas (Electronic Communications Law).
4 - Following expiry of the time limit stipulated under paragraph 2 of article 110 of Lei das Comunicações Eletrónicas (Electronic Communications Law) and where the company has not complied with the notification obligation as under articles 7 and 11, ANACOM will amend the registration in the register, notifying the company in accordance with the terms of article 21, without prejudice to the sanctioning procedure that may ensue.
5 - The provisions of paragraphs 3 and 4 do not apply to amendments made to identification data which is the object of commercial registration; in such cases, ANACOM may undertake the corresponding alteration of registration immediately, without prejudice to any sanctioning procedure that may ensue.
Article 20
Cancellation of registration
1 - Registration in the register will be cancelled by ANACOM when:
a) The undertaking desists from commencing its activity;
b) The undertaking ceases its activity;
c) The undertaking is extinguished;
d) It is not possible to accomplish notification of the undertaking over a period exceeding 90 days.
2 - For the purposes of point d) of the previous paragraph, it is considered that:
a) Notification of the undertaking cannot be accomplished where, cumulatively:
i) Communication by registered letter sent to the address indicated pursuant to point c) of paragraph 2 of article 4 is returned on at least three occasions on different dates and where ANACOM does not obtain a new address within 90 days of the date of the last attempt at notification;
ii) In the cases where a facsimile number has been indicated under point c) of paragraph 2 of article 4, as permitted under the law, a communication by facsimile is sent without successful transmission on at least three occasions on different dates and ANACOM does not obtain knowledge of a new facsimile number within 90 days of the last attempt at notification;
iii) The company does not access its account in the reserved area, where such an account is available, and does not access its electronic mailbox, in both the time periods provided for in the previous sub-paragraphs;
b) Notification is deemed impossible at the end of the last of the 90-day time periods provided for in sub-points i) and ii) of the previous point.
3 - The condition given in sub-point i) of point a) of the previous paragraph is deemed fulfilled when ANACOM establishes that the undertaking has vacated the premises at the address indicated under point c) of paragraph 2 of article 4 and ANACOM does not obtain knowledge of a new address within 90 days from the date of this finding.
4 - Registration can also be cancelled by ANACOM when:
a) The undertaking does not effectively commence its activity on the date scheduled and fails to submit, under the terms established in article 7, a new date for the scheduled commencement of its activity;
b) The undertaking voluntarily suspends its activity and, following a request from ANACOM and within the time limit set for that purpose, it fails to present a new scheduled date for the recommencement of its activity.
5 - For the purposes of point b) of the preceding paragraph, it will be presumed that the undertaking has voluntarily suspended its activity when all its offer of electronic communications networks and services are discontinued and it does not communicate discontinuation of its activity.
Article 21
Procedures
1 - The act of registration is to be undertaken in writing and is considered notified to the company, under legally prescribed terms, upon delivery of the declaration.
2 - Acts amending or cancelling a registration are to be undertaken in writing and notified to the companies under legally prescribed terms.
3 - All acts of registration as relate to public registration information, in accordance with the terms of article 17, will be published on the website.
Chapter III
Registration documents
Article 22
Declaration
1 - The declaration is in accordance with the model approved by ANACOM under the provisions of article 24 and includes at least the following:
a) Confirmation that the undertaking has been entered in the register;
b) Registration number;
c) Name or business name of the undertaking;
d) Tax identification number;
e) Detailed description of rights in terms of access and interconnection and in terms of the installation of resources provided for in Lei das Comunicações Eletrónicas (Electronic Communications Law);
f) Indication that the updated details of the undertaking's registration must be confirmed by consulting the website.
2 - At the request of the undertaking and in accordance with the previous paragraph, ANACOM will issue:
a) An updated declaration;
b) A duplicate of the declaration.
3 - ANACOM will provide a copy of the declarations issued under the provisions of the previous paragraphs, for download, in the reserved area.
Article 23
Excerpt of the registry entry
1 - The excerpt of the registry entry will comply with the model approved by ANACOM under the provisions of article 24 and will fully reproduce the updated information of the registration and additional notes.
2 - The excerpt of the registration is issued by ANACOM:
a) Together with the declaration;
b) Upon request of the undertaking, at any time.
3 - The excerpt of the registration entry remains available, for download, in the reserved area.
Title IV
Templates and forms
Article 24
Templates
ANACOM approves, in accordance with the law and this regulation, the following templates:
a) Model declaration, as provided for in Article 22;
b) Model excerpt of the registration entry, as provided for in Article 23.
Article 25
Forms
1 -In accordance with the law and the present Regulation, ANACOM will approve the forms to be used in effecting the notifications provided for under Title II.
2 - For the purposes of the previous paragraph, ANACOM may approve separate forms for specific categories of electronic communications networks or services.
3 - ANACOM will make the forms available on its website, for download or for completion and submission.
4 - The forms referred to in the previous paragraphs are also made available through the electronic services one-stop shop, provided for in article 6 of Decree-Law no. 92/2010 of 26 July, under terms to be defined pursuant to the terms of cooperation between ANACOM and the respective management entity.
5. The forms are to include clear and accessible information on the formalities and documents required for submission of corresponding notifications, instructions for completion and any other relevant information.
Title V
Electronic services
Article 26
Website
ANACOM will make the following information and functions available on its website, along with any others that may prove necessary:
a) Complete, clear and accessible information to any interested party about:
i) The regime governing access to the activity of offering electronic communications networks and services;
ii) The obligations of notification related to identification, contact details and the commencement, modification and discontinuation of activity;
b) Registration in accordance with Article 17;
c) The forms approved by ANACOM, as under Article 25;
d) Access to the reserved area.
Article 27
Reserved area
1 - On its website, ANACOM will maintain an area reserved for the management of registrations in the register by undertakings; in this area ANACOM will provide:
a) The information as specified in point a) of article 26;
b) In addition to any others as may prove necessary, the following capabilities:
i) Consultation of all updated registration data;
ii) Download of an updated excerpt of the registration entry;
iii) Download of a copy of issued declarations;
iv) Download of the forms approved by ANACOM, and their completion and submission, as under article 25;
v) Consultation of the status of ongoing processes in the context of registration maintenance;
vi) An account to receive and consult communications and notifications sent by ANACOM in the context of maintaining the register;
vii) The delivery to ANACOM of other requests, communications and documents in the context of maintaining the register;
viii) The management of instruments to access the reserved area.
2 - The services provided for under the previous paragraph may be accessed using the electronic services one-stop shop, as provided for in article 6 of Decree-Law no. 92/2010 of 26 July, under the terms to be defined pursuant to the terms of cooperation between ANACOM and the respective management entity.
3 - ANACOM will provide registered undertakings with all instruments necessary for access to the reserved area, including username and password for access, under the terms to be determined under the law and with a view to guaranteeing the confidentiality and security of information.
Title VI
Support service
Article 28
Support service
ANACOM will provide a support service to undertakings through its public telephone helpline, in particular with a view to promoting electronic access to its services.
Title VII
Complementary provisions
Article 29
Oversight
ANACOM is responsible for overseeing compliance with the provisions of the present Regulation.
Article 30
Sanctioning regime
Breaches of the provisions of Title II of the present regulation are punishable pursuant to point b) of paragraph 2 of article 113 of Lei das Comunicações Eletrónicas (Electronic Communications Law).
Title VIII
Transitional and final provisions
Article 31
Adaptation of the register
1 - ANACOM will make the necessary adaptations to the registry in order to achieve compliance with the provisions of the present Regulation, including:
a) The numbering of the registration of each registered company, as under paragraph 4 of article 15;
b) The substitution of declarations previously issued by ANACOM.
2 - For the purposes of the preceding paragraph and no later than 90 days following the date of approval by ANACOM of the forms associated with notification of the commencement of activity as under article 25, undertakings are required to submit to ANACOM, as appropriate and in accordance with paragraph 5 or paragraph 6 of article 3, information on the classification and general description of their offers.
3 - The substitution of declarations previously issued by ANACOM, as under point b) of paragraph 1, will in no way affect the validity of any authorisation, determination of conditions or any other act approved upon the issuance of said declarations.
Article 32
Non-publicly available offers with use of spectrum subject to radio licensing
In the case of non-publicly available offers using spectrum subject to radioelectric licensing, in accordance with Decree-Law no. 151-A/2000 of 20 July (as amended by Decree-Law no. 167/2008 of 16 August, by Decree-Law no. 264/2009 of 28 September, by Law no. 20/2012 of 14 May and by Law no. 82-B/2014 of 31 December), and until such time as approval is given by ANACOM, pursuant to the provisions of article 25, to a form for this purpose, notice of commencement of activity as under article 4 shall be considered as made upon submission of an application for radio licensing.
Article 33
Time limits
The time limits provided for in the present regulation are to be calculated as under the rules set forth in article 87 of the Código do Procedimento Administrativo (Administrative Proceeding Code), approved by Decree-Law no. 4/2015 of 7 January.
Article 34
Repeal provision
Paragraphs 1, 2, 6 and 7 of ANACOM's decision of 3 May 2004 on the procedures for commencing provision of electronic communications networks and services are hereby repealed.
Article 35
Entry into Force
1. Without prejudice to paragraph 2, this Regulation shall enter into force 15 days following the date of its publication.
2. The provisions of this Regulation relating to the excerpt of the registration entry shall enter into force only on the date of approval of the respective model, as under article 24.
7 September 2017. - Chair of the Board of Directors, João António Cadete de Matos.
